BILL ANALYSIS Ó
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Date of Hearing: May 21, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
ACR 19 (Pan) - As Introduced: February 19, 2013
SUBJECT : Japanese American: discrimination: apology
KEY ISSUE : SHOULD THE LEGISLATURE ISSUE AN APOLOGY FOR the
injustice committed in 1942 when Japanese Americans were
SUMMARILY DISMISSed from state employment because of their
ancestry?
FISCAL EFFECT : As currently in print this measure is keyed
non-fiscal.
SYNOPSIS
This non-controversial resolution seeks to have the Legislature
issue a public apology for the dismissal of state civil service
employees of Japanese descent following enactment of Senate
Concurrent Resolution 15 (SCR 15) in 1942. On December 8, 1941,
in response to the bombing of Pearl Harbor, the United States
Congress declared war on the Empire of Japan. The California
State Legislature adopted SCR 15 on January 19, 1942, which
authorized the State Personnel Board to make rules providing for
the dismissal of civil service employees deemed disloyal to the
United States. Despite a staff analysis advising that blanket
discharge of employees on the ground of dual citizenship or
nationality was not possible and California Attorney General
Earl Warren's conclusion that SCR 15 violated citizens' civil
liberties and conflicted with the Civil Service Act, the State
Personnel Board investigated and identified as disloyal only
employees of Japanese descent. Over the weeks following the
adoption of SCR 15, every employee of Japanese ancestry was
terminated from state employment. Although Assembly Bill 2710,
signed into law on August 17, 1982, provided $5,000 as symbolic
compensation for the unfair dismissal of Japanese American
employees during World War II, it did not provide an apology for
the unjust actions of the State of California, the California
State Legislature or the California State Personnel Board.
Thus, this resolution seeks to recognize that the State made a
grievous mistake in terminating loyal employees from civil
service and seeks to issue an official apology to all employees
who were dismissed as a result of SCR 15.
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SUMMARY : Issues an official public apology to Americans of
Japanese ancestry who were dismissed from their state civil
service positions in 1942 as a result of Senate Concurrent
Resolution 15 of 1942. Specifically, this measure :
1)Makes a number of Legislative findings, including but not
limited to the following:
a) States that on January 19, 1942, the California State
Legislature adopted Senate Concurrent Resolution 15 (SCR
15), authored by Senator John Swan, which authorized the
State Personnel Board (SPB) to "make such rules as may be
necessary to provide for the dismissal from the service of
such persons as may be proved to be disloyal to the United
States of America in this present war."
b) States that Earl Warren, Attorney General for the State
of California, wrote on February 7, 1942, "It is my
conclusion that said order [SCR 15], discriminating as it
does against naturalized citizens and against American born
citizens of the first generation, violates the civil
liberties of citizens as guaranteed by the Constitution of
the United States and of this State and is in conflict with
our Civil Service Act."
c) States that on February 27, 1942, the California Board
of Equalization dismissed all employees of Japanese
ancestry; and over the following weeks, every employee of
Japanese ancestry- totaling over 300 individuals- was
terminated from state employment.
d) Finds that while Assembly Bill 2710 (1982) provided
$5,000 as symbolic compensation for the unfair dismissal of
Japanese American employees during World War II, it did not
provide an apology for the unjust actions of the State of
California, the California State Legislature, or the
California State Personnel Board.
2)Resolves by the Assembly of the State of California, the
Senate thereof concurring, that the State of California made a
grievous mistake that injured loyal employees who were
dedicated to serving the people of California; and
3)Resolves that the Legislature issue a public apology to the
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state civil service employees who were dismissed as a result
of SCR 15.
EXISTING LAW :
1)Permits the SPB to take adverse action, defined as dismissal,
demotion, suspension, or other disciplinary action, to be
taken against any civil service employee for specified causes
of discipline. (Government Code Sections 19570 and 19571.
Unless otherwise noted, all further references are to this
code.)
2)Enumerates causes for discipline of a civil service employee,
including but not limited to, incompetency, inefficiency,
inexcusable neglect of duty, insubordination, dishonesty, and
unlawful discrimination (as specified) against the public or
other employees while acting in the capacity of a state
employee. (Section 19572.)
3)Pursuant to the Fair Employment and Housing Act, prohibits
discrimination in employment on the basis of race, religious
creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, sex,
age, or sexual orientation. (Section 12940 et seq.)
COMMENTS : This resolution, sponsored by the Japanese American
Citizens League (JACL), seeks to acknowledge that the State of
California was wrong when it dismissed over 300 loyal employees
who were Americans of Japanese ancestry in 1942, and resolves to
issue a public apology to those civil service employees who were
unjustly dismissed. According to the author, "Those affected
have been living with this injustice for decades and have never
received an official apology from the State of California.
While an apology doesn't make up for the discrimination, it is
important in the healing process."
Background on passage of SCR 15 (1942), which resulted in the
dismissal of Japanese-American state civil service employees.
According to information provided by the author, sponsor, and as
reflected in the text of this measure, an official public
apology is warranted for the unjust actions taken by the State
in California against over 300 American citizens of Japanese
ancestry who were dismissed from their state civil service jobs
in 1942. On January 19 of that year, the California State
Legislature adopted Senate Concurrent Resolution 15 (SCR 15)
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authored by Senator John Swan, which authorized the State
Personnel Board to "take every proper means to prevent anyone
securing a position on the eligible list of the state civil
service or from being certified to a civil service position in
the state service who is not loyal to the United States and to
further make such rules as may be necessary to provide for the
dismissal from the service of such persons as may be proved to
be disloyal to the United States of America in this present
war."
On January 27, 1942, a SPB staff analysis opined that the board
could do little in response to SCR 15, and that no blanket
discharge of employees on the ground of dual citizenship, or
nationality of parents was possible. The board was aware it
would not be justified in ordering dismissal of an individual
without "evidence of acts, statements, or courses of conduct
tending to show disloyalty." Nevertheless, on January 30, the
Board commenced an investigation into the loyalty of persons
applying to take an exam, on eligibility lists for state jobs,
and employed by the State of California. According to the
author, Japanese Americans were the sole focus of these
investigations, as evidenced by the fact that the board prepared
lists of identified employees that contained only Japanese
surnames and no other group of employees was investigated. On
February 5, Mike Masaoka, National Secretary for the Japanese
American Citizens League, appeared before the State Personnel
Board and was assured that there would be no summary or
arbitrary dismissals.
On February 7, 1942, Earl Warren, then-State Attorney General,
wrote, "It is my conclusion that said order [SCR 15],
discriminating as it does against naturalized citizens and
against American born citizens of the first generation, violates
the civil liberties of citizens as guaranteed by the
Constitution of the United States and of this State and is in
conflict with our Civil Service Act."
According to the author, on February 27, 1942, the California
Board of Equalization dismissed all employees of Japanese
ancestry, and according to the author, every employee of
Japanese ancestry was terminated from state employment- a total
of over 300 employees with Japanese surnames. The author states
that all of the employees were dismissed on the same charges
without regard to individual job performance, and as a result,
many charges were not applicable to individual employees.
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According to the SPB, there were 265 state employees of Japanese
ancestry (a slightly smaller number) who were dismissed as a
result of the SPB's actions, 88 of whom appealed the dismissal.
On September 4, 1946, a hearing was held before the referee of
the State Personnel Board regarding the charges. The Attorney
General's office indicated at the hearing that nothing had been
disclosed to substantiate the charges in any way, and the state
could not produce any proof, so the case was submitted as to the
charges without any evidence. On September 28, 1946, the board
found for the employees, but they were sent telegrams indicating
that they needed to report to work within 10 days if they wanted
to be reinstated to their jobs. Unfortunately, according to the
author, it was not possible for employees, who were scattered
across the country as a result of forced internment by the
federal government, to return within the 10-day window, and only
a handful of employees were re-employed. In addition, they were
not compensated by the state or federal government for their
wage losses suffered over the four and a half years they were
denied their jobs.
Background on SPB Resolutions in 1942 and in 2013. As described
above, the Legislature approved SCR 15 in January 1942, which
within the month led the State Personnel Board to initiate
investigations into the citizenship and loyalty of all current
and prospective state employees of Japanese ancestry.
Subsequent to the initiation of those investigations, on
February 19, 1942, President Franklin Roosevelt issued Executive
Order 9066 authorizing the internment of Japanese-American
citizens at various camps for the duration of the war.
In response to Executive Order 9066, the SPB adopted a
resolution suspending all state civil service employees of
Japanese ancestry, ultimately leading to their resignation or
dismissal. This resolution stated, among other things:
There is a general lack of confidence on the part of
the public and State employees in the loyalty of many
of said employees of Japanese ancestry, and this
Board is convinced that the welfare of the United
States of America, and a successful conclusion of the
war can best be achieved by safeguarding the public
and its property from any possible espionage or fifth
column activities such as were employed in the attack
on Pearl Harbor, and participation in such activities
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can be prevented by separating those persons of
Japanese ancestry now employed by this Board by
separating them from State service.
On January 10, 2013, the SPB issued a new resolution recognizing
the unjust displacement of thousands of Japanese Americans from
their homes, work, and community, and seeking to express the
Board's sincere regret for the events surrounding the internment
of Japanese American citizens and displacement of Japanese
American civil servants during WWII. This resolution also
offered the Board's sincere apology for the displacement of
those Japanese-American individuals affected by the SPB's 1942
resolutions, which it notes were issued in response to both
federal and state mandates at the time.
Previous legislation to provide symbolic compensation did not
include an official apology . In 1982, the Legislature approved
and the Governor signed AB 2710 (Johnson), which provided $5,000
as symbolic compensation for each Japanese American employee
unjustly dismissed from civil service employment during the
events of 1942. As the author notes, AB 2710 did not, however,
provide an apology for the unjust actions of the State of
California, the California State Legislature or the California
State Personnel Board, as this measure is intended to
accomplish.
REGISTERED SUPPORT / OPPOSITION :
Support
Japanese American Citizens League (JACL)
Opposition
None on file
Analysis Prepared by : Anthony Lew and Alex Nowinski / JUD. /
(916) 319-2334